(HC) Embry v. Johnson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MONTY EMBRY, ) Case No.: 1:21-cv-00082-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DISMISS PETITION v. ) ) FINDINGS AND RECOMMENDATION TO R. JOHNSON, Warden of CSP-LAC, ) DENY PETITIONER’S MOTION FOR STAY OF Respondent. ) PROCEEDINGS (Doc. 3) ) ) [TWENTY-ONE DAY DEADLINE]

On January 21, 2021, Petitioner filed the instant petition for writ of habeas corpus challenging his 2017 conviction in Kern County Superior Court. (Doc. 1.) Petitioner also filed a motion for stay and abeyance. (Doc. 3.) Pursuant to the Court’s order, Respondent filed an opposition to the motion to stay on March 3, 2021. (Doc. 7.) Petitioner filed a reply on March 18, 2021. (Doc. 9.) Respondent contends that this Court should abstain from interfering with the ongoing state proceedings pursuant to Younger v. Harris, 401 U.S. 37 (1971), and dismiss the habeas petition as unexhausted. (See Doc. 7.) 23 …